SR-2022-056 Villani 109 Wagon Lane, HY Dimensional Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-056 – Villani
Section 240- 11 E. Bulk Regulations in the RB District
To allow a garage foundation to be setback from the rear property line by 6.2 feet and 6.4
feet where 10 feet is required
Date: December 27, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Paul Mazzola, Builder
Property Owner: Richard Villani
Property Location: 109 Wagon Lane, Hyannis, MA
Assessor's Map/Parcel: 270/198
Zoning: Residence B (RB) Zoning District
Filed: December 12, 2022 Hearing: January 11, 2023 Decision Due: March 22, 2023
Copy of Public Notice
Paul Mazzola, G.C.I. Builders, on behalf of the owner Richard A. Villani, has petitioned for a
Variance from Section 240-11 E. Bulk Regulations in the RB Zoning District. The Petitioner seeks
a variance from the minimum bulk regulations to allow for the newly poured garage foundation to
encroach into the rear setback with foundation setbacks existing at 6.2 and 6.4 feet, where 10 feet
is required. The subject property is located at 109 Wagon Lane, Hyannis, MA as shown on
Assessor’s Map 270 as Parcel 198. It is located in the Residence B (RB) Zoning District.
Background
The subject property is a 0.23 acre lot with frontage on Wagon Lane, Hyannis, and contains a
2,321 square foot (4,272 gross) 4-bedroom, single family dwelling constructed in 1983. The area
is residential in nature with similarly shaped lots.
Proposal & Relief Requested
Paul Mazzola, G.C.I. Builders, on behalf of the owner Richard A. Villani, has petitioned for a
Variance from Section 240-11 E. Bulk Regulations in the RB Zoning District. The Petitioner seeks
a variance from the minimum bulk regulations to allow for the newly poured garage foundation to
encroach into the rear setback with foundation setbacks existing at 6.2 and 6.4 feet, where 10 feet
is required. The subject property is located at 109 Wagon Lane, Hyannis, MA. The foundation has
been poured and the plans were not accurate which counts for the need for a Variance.
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a three-
prong test. The Board is required to find that each of the following three requirements has been
met in order to consider granting the variance:
1. owing to circumstances related to soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally
the zoning district in which it is located;
2. a literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship, financial or otherwise to the petitioner; and
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-056 – Villani
2
3. desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the zoning
ordinance.
An application for a Variance that has met all three requirements “does not confer … any legal
right to a Variance.” The Board still has the discretionary power to grant or not to grant the
Variance.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1. Variance No. 2022-056 from Section 240-11 E. Bulk Regulations, Lot area, in the RB Zoning
District is granted to Richard Villani to allow a garage foundation to be setback from the rear
property line by 6.2 feet and 6.4 feet where 10 feet is required at 109 Wagon Lane, Hyannis,
MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Foundation Certification at 109 Wagon Lane, Hyannis, MA” signed and stamped by
Registered Professional Land Surveyor Edward A. Stone dated December 13, 2022.
3. The above-described development shall represent full build-out of the lot. No further additions
or accessory structures shall be permitted without approval from the Board.
4. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded Decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to issuance of a building permit. The rights authorized by this Variance must be
exercised within one year, unless extended.
Copies: Applicant
Attachments: Application
Plans